Property Management Agreement
This agreement (the “Agreement”) is made and executed by and between the fee owner of rental property referenced in the executed Service Order, hereinafter referred to as the “Owner”, and Kore Contact Center, LLC, hereinafter referred to as the “Property Manager”. Whereas, Owner desires Property Manager to assist Owner with vacation rental bookings and provide basic property management services including management of designated travel platform and coordination of maintenance and housekeeping for owner and concierge services for guests of the Property as more particularly described herein; Whereas, Property Manager will perform rental management services for Owner under the following terms and conditions; Now therefore, in consideration of the premises and the mutual terms and conditions hereinafter set forth, it is agreed by and between the parties as follows:
1. EMPLOYMENT OF PROPERTY MANAGER
Owner hereby employs and grants unto Property Manager the exclusive right to manage the rental Property on behalf of Owner. Leads coming from all forms of advertising including but not limited to travel platforms such as vrbo.com, airbnb.com, homeaway.com, tripadvisor.com and Owner Websites shall be directed toward Property Manager, by posting Property Managers telephone number and email address on the website. The number to use for such outside advertisement is 1-(844) 784-2070 and the email address is sales@korecontactcenter.com. Owner shall also grant access of such sites to the Property Manager for alteration of price or terms when needed.
2. TERM
This exclusive agreement shall be effective as of the date the agreement is executed and continue, subject to the terms and conditions hereof, in full force and effect for an initial period 3 months. Thereafter, this Agreement shall continue in full force on a month-to-month basis unless Owner or Property Manager notifies the other party in writing 30 days prior to date of termination or if mutual agreement is made to terminate sooner. In the event of advanced reservations involved with the termination of this agreement, Owner and Property Manager agree to coordinate with each other to honor such reservations in good faith.
3. EXCLUSIVITY
Property Manager and Owner agree that all lease agreements with prospective tenants shall be executed through Kore Contact Center, LLC exclusively, year round. Owner agrees to not bypass the designated travel platform and charge tenants directly for rent during periods reserved as owner or owner guest stays.
4. MANAGEMENT FEES AND DISTRIBUTION OF RENTAL PROCEED
4.1. Owner shall pay a one-time administrative fee as more particularly described in the service order upon engagement.
4.2. Owner shall pay a fixed fee for housekeeping and a percentage of gross rental proceeds as more particularly described in the service order upon guest check-in.
4.3. Owner shall pay a flat rate referral amount more particularly described in the service order for any unsolicited booking referred by Property Manager.
4.4. Any other pre-approved services, supply and repairs not included herein shall be invoiced by the Property Manager and paid by the Owner upon receipt.
4.5. Owner shall execute a recurring credit card authorization form to fulfill payment terms.
5. OWNER RESPONSIBILITIES
5.1. Owner shall provide a high season and low season calendar of dates the Owner expects to occupy the Property, or when the Owner reserves the Property for family and friends; or at any time when the Owner has reserved the Property without charge.
5.2. Owner will provide such “blackout” dates within two weeks (14 days) of the Property Manager’s notice to Owner of the property release date for each season. If Owner should need to revise or cancel a reservation, they will need to compose an email to sales@korecontactcenter.com to adjust or cancel the dates.
5.3. Owner will receive a confirmation by email from Property Manager for any requested revisions or cancellations to owner and owner guest stays within 48 hours of the request. Reserving, revising or canceling reservations cannot be done over the phone.
5.4. Owners will be held liable to review owner and owner guest reservations to make sure they are correct. Owner recognizes that priority will be given to customer reservations made after the property release date established by Property Manager. Property Manager will not move confirmed guest reservations to accommodate for owner or owner guest stays.
5.5. Owner and Owner guest reservation housekeeping: Owner agrees to be responsible for all housekeeping costs incurred to Property Manager after Owner occupation of the property, or when the owner makes the Property available to family and friends; or at any time when the Owner has reserved the Property without charge.
5.6. Owner is required to use the services of approved professional housekeepers and vendors of Property Manger after all owner, owner guest, and customer stays in order to maintain quality for next arrival to property.
5.7. A deep cleaning, including professional carpet cleaning and dry cleaning, and a maintenance inspection of the residence shall be provided after high seasons, two times a year at Property Manager’s discretion. This will be at Owner’s expense to maintain the property’s first class condition and shall be coordinated by Property Manager.
5.8. Upon signing this agreement, the Owner shall conduct a full inventory and allow photos to be taken of said Property including but not limited to furnishings, appliances, electronics etc. Property Manager may make reasonable recommendations or requirements concerning the inventory in order to provide maximum rental opportunities. The inventory checklist shall be referred to as (Addendum “A”).
5.9. Owner must notify Property Manager in writing or email, when the Property is listed for sale. In the event the Property is sold during the term of this Agreement, Owner agrees that any such sale shall be made only upon terms that either obligate the purchaser to honor advance reservations that are already confirmed with the Property Manager or terminate this agreement and restrict any bookings beyond the date of listing the property for sale. In the event that there are any prior reservations scheduled for dates subsequent to the date of closing on the sale of the Property, Owner agrees that the term of and such sale shall obligate purchaser to allow Property Manager to receive full commission and have right with respect to the unit as stated in this Agreement. In the event of such sale, Owner shall have the right to terminate this Agreement assuming notice is provided to Property Manager as provided for in this paragraph. During a period where the property is listed for sale, buyers or selling brokers wishing to view the residence shall communicate with the Property Manager to coordinate times in order to protect the privacy of guests. In the event a guest specifically asks that the Property not be shown, the Property Manager will honor that request. At the time of sale notification, Property Manager shall provide the dates of any advance reservations to buyer, seller, and respective brokers. Owner must notify Property Manager at least thirty (30) days prior to the closing of the sale of the Property.
5.10.Owner and Property Manager shall indemnify and hold harmless the other from all liability for damages for claims resulting from the negligence against the Property Manager or Owner, or their agents, employees or licensees. The Owner agrees that the Property Manager shall not be liable for any losses, thefts or damages to the Property or the Owner’s personal property by negligent, intentional, or wanton acts of any renters thereof or third person.
5.11.The owner must provide and be responsible for the following requirements to meet basic guest needs and travel partner standards: Furnishings: Updated and in excellent condition Window Coverings: Updated and in excellent working condition. Carpet and Flooring: Must be in excellent condition with no spots. Countertops: Good condition without holes, nicks or other damages Interior Paint: Paint as needed at minimum covering all nicks and scratches on all walls Televisions and Cable: All televisions must be updated to a thin style flat screen model. Outdated tube style televisions are not permitted. The property must maintain at least extended basic channels. Wireless Internet: With approved Property Management password. Ethernet Cord: In case wireless Internet experiences complications. Propane or Electric Grill: No charcoal grills. Required unless Property does not have a private deck or balcony or grills are not allowed on the property. Patio Furniture: Adequate for all decks, patios and balconies. Kitchen: Well stocked. Must meet requirements of (Addendum “A”). Firewood: For properties with wood fireplaces unless provided by Home Owners Association. Additional Required Items: Vacuum, broom with dustpan, hairdryers for each bathroom, iron and ironing board, fan for each bedroom. Supplies: Owner is responsible for the cost of the supplies needed such as shampoo, conditioner, lotion, soap, toilet paper, paper towels, dishwasher soap, dish soap, sponges, laundry detergent and dryer sheets, fire starters (if applicable), trash bags, regular light bulbs, and cleaning products. A monthly assessment will be deducted each year and is based on market prices and size of the Property. Property Manager shall keep an inventory of standardized supplies listed above and install into Property as needed. Keys: Initial keys for vacation guests Keys to Locked Closets: Required if access to any utility is inside. Garage Door Openers: Owner shall provide at least two (2) to the property manager if applicable. Professional Garbage Removal: Unless provided by National Solid Waste Management Authority Professional Lawn Care: Unless provided by Strata or Home Owners Association. Insurance: The Owner shall be responsible for insuring his interests, including the contents and furnishings of the Property. Owner is required to have in force and pay the cost of a homeowner’s liability and contents policy covering personal and rental users, and to deliver to the Property Manager a copy of such insurance including renewal or replacement of said policies. Owner shall also cover Property Manager in its policy.
6. PROPERTY MANAGERS RESPONSIBILITIES
6.1. Property Manager hereby agrees to accept the responsibility of managing the rental of the property. To maximize rental occupancy, Property Manager shall extend its best efforts to promote and advertise the rental of the Property as market conditions and circumstances permit. The Property Manager shall be responsible for setting competitive market rental rates and discount rates as necessary to maximize rental occupancy.
6.2. Property Manager shall designate a primary point of contact / liaison for owners and guests, named as a Host or Co-Host for the Owner. Property Manager will also select approved travel wholesalers and platform partners desiring to book vacation rentals of properties managed.
6.3. Property Manager is responsible exclusively for fees related to credit cards, basic accounting, check-in services, travel agents and coordination of housekeepers and maintenance. Property manager shall also provide and pay for cost of cleaning all linens, towels, dishtowels, potholders and kitchen towels.
6.4. Owner hereby designates Property Manager as its agent-representing Owner in arranging for contracts with preferred vendors to provide any necessary maintenance, repairs and housekeeping that are required for the rental. Property Manager shall obtain permission from Owner for recommended or necessary repairs exceeding Fifty Dollars ($50) in any single instance of repair or need. In the event of an emergency, Property Manager may deem it necessary to exceed Fifty Dollars to protect the Property and will extend its best efforts to notify Owner within 48 hours of emergency. Anytime the Property Manager acts on behalf of the Owner in performing maintenance, repairs, housekeeping or other general duties, expenses may be invoiced to Owner.
6.5. Property Manager shall provide a key lockbox mounted next to the exterior entrance of unit. This lockbox is for the exclusive use of the Property Manager’s employees or preferred vendors. Lock box will be changed periodically at Property Manager’s discretion. The lock box is the property of Kore Contact Center, LLC and will be removed upon termination of this agreement.
6.6. Property Manager reserves the right to remove from the Property a vacation rental due to complaints, credit card charge backs, or maintenance issues and will not be responsible to Owner for lost proceeds. Property Manager will make best efforts to keep the vacation rentals in place and challenge credit card charge backs.
7. BINDING EFFECT
This agreement shall constitute a binding obligation to the contracting parties, their successors, heirs, and/or personal representatives. This constitutes the entire agreement and addendums referred to between the contracting parties and no variance or modifications thereof shall be valid or enforceable unless additionally noted in writing and signed by both parties. Owner understands this is an exclusive agency contract and all other management contracts must be cancelled before entering into this agreement. This contract upon signing shall replace and cancel all other agency contracts previously entered into with the Property Manager.
8. GOVERNING LAW
The laws of the State of Georgia shall govern this Agreement.
9. INDEPENDENT CONTRACTOR
Property Manager is an independent contractor under this Agreement. Nothing herein shall be construed as forming a partnership or joint venture between the Property Manager and Owner.
10. NOTICES
Notices provided for in this Agreement shall be delivered by mail, email or facsimile to addresses set forth below: Owner: Address referenced in Service Order Property Manager: Name: Kore Contact Center, LLC. Mailing Address: 5400 Laurel Springs Parkway, Suite 1303 Suwanee, GA 30024 Phone #: 1-(844) 784-2070 Email: sales@korecontactcenter.com Fax: (440) 919-9147
11. SEVERABILITY
If any provisions of this Agreement are held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.